Global Private Equity Watch - Feed https://privateequity.weil.com/contributor/sarah-downie/ Tue, 10 Mar 2026 15:03:16 +0000 hourly 1 Sun Capital Update: First Circuit Rules Affiliated Investment Funds Not Responsible for Portfolio Company’s Pension Liability, Reversing District Court https://privateequity.weil.com/thought-leadership/sun-capital-update-first-circuit-rules-affiliated-investment-funds-not-responsible-for-portfolio-companys-pension-liability-reversing-district-court/ Mon, 25 Nov 2019 16:21:09 +0000 Sarah Downie https://privateequity.weil.com/?p=6476 The most recent decision in the ongoing Sun Capital litigation provides some welcome relief for private equity sponsors invested in portfolio companies subject to pension withdrawal liability. On November 22, 2019, the U.S. Court of Appeals for the First Circuit reversed the 2016 decision of the Federal District Court of Massachusetts that held that two […]

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]]> The most recent decision in the ongoing Sun Capital litigation provides some welcome relief for private equity sponsors invested in portfolio companies subject to pension withdrawal liability. On November 22, 2019, the U.S. Court of Appeals for the First Circuit reversed the 2016 decision of the Federal District Court of Massachusetts that held that two […]

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]]> Implications for Portfolio Company Borrowers of Recent Fifth Circuit Decision Vacating DOL Fiduciary Rule https://privateequity.weil.com/features/portfolio-company-borrowers-recent/ Wed, 28 Mar 2018 08:00:42 +0000 Sarah Downie https://privateequity.weil.com/?p=2432 On March 15, 2018, the U.S. Court of Appeals for the Fifth Circuit vacated certain U.S. Department of Labor “fiduciary investment advice” regulations (“the Regulations”) in their entirety, ruling that the DOL exceeded its authority in promulgating them.  The Regulations provide that, in general, when a plan or entity subject to ERISA (an “ERISA Plan”) […]

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